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(영문) 대구지방법원 2017.10.20 2017고합141
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for five years, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to imprisonment with prison labor for one year and two months at the Daegu District Court on January 12, 2017, and the judgment became final and conclusive on September 1, 2017.

[Criminal facts] Defendant A is the representative director E (State) and Defendant B is the actual operator of E (State).

The Defendants conspired, around June 2015, to supply the te (representative H) office located in the Kimhae-si, the employees of G Co., Ltd. (representative H) company located in the E (ju) office located in the Kimhae-si with the test board to offer the land of both J parking lots equivalent to KRW 2 billion and the land of KRW 6-70 million in Gyeonggi-do as security. The settlement will be 50% of cash at the end of the following month and 50% of 50% of 50% of 90 days or less of 90 days of payment.

“A false statement” was made.

However, the above security was awarded a successful bid of KRW 110 million by the previous owners, and KRW 1773 million by the Defendants respectively, and it was well known that the actual value of the real estate was excessive to KRW 600 million by the previous owners, as the real estate purchased from KRW 300 million by the previous owners.

In addition, the bill to pay to the damaged company with the price for the iron market was a breabbbbbbbbbbbbbbbbbbbbbbbbbbing, and the price for the sale of the iron market supplied by the victimized company was expected to be used for Defendant B’s debt repayment, so there was no intention or ability to pay the steel market properly even if the

Nevertheless, the Defendants conspired to deception the employees of the victimized Company and received the iron plates equivalent to KRW 40,736,773 of the market price around July 1, 2015 from the victimized Company, and thereafter received from the victimized Company a total of KRW 2,212,075,154 of the market price from November 27, 2015.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of H, K, L and M by a witness;

1. A protocol concerning the interrogation of the suspect against the defendant A by the prosecution (first time);

1. A protocol concerning the interrogation of the suspect against the defendant B (including three times, A, and H substitute parts);

1. Statement made by the police with H;

1. Statement by the police concerning L;

1. The investigation report (E.);

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